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A29
viewpoint
Wednesday, October 2, 2013 www.guardian.co.tt Guardian
NAVIGATIONAL WARNING 018/13
TRINIDAD - GULF-OF-PARIA
Pipeline operations in progress by tug Micheal M, Kathy M, and bagder
Winston B and Kenneth O. will continue until 31st December, 2013.
(1) 600 - Metre lengths of pipeline diameter 2" to 14" will be towed between
10-15.20 N
061 - 29.43 W
in the San Fernando bay area and the main Soldado Marine Oilfields area.
(2) Pipelines will be laid along the line joining
and
10-13.90 N
061 - 55.81 W
10-13.94 N
061 - 55-45 W
Anchor spread and safe zone area Max 350 m radius during the project
activities.
Barge IMO#TTO 310103 ( Kenneth O.) IMO #8942474 ( Winston B.)
Tugs Reg. TL 420 (Michael M.) Reg. TT30001 ( Kenneth O.)
A wide berth of 600 M and caution is advised
4th April, 2013
Signed
Beverly Phillip
Director Maritime Services
Maritime Services Division
Ministry of Transport 0816060
The facts and circumstances
surrounding the departure of
Herbert Volney from the House
of Representatives have raised
issues of considerable public
interest and importance. Volney
was a member of the UNC
party when he was elected as
the parliamentary representative
for the constituency of St
Joseph but subsequently
resigned from that party and
declared himself an independ-
ent member of the House.
Section 49 (2) (e) of the Con-
stitution provides that a mem-
ber of the House of Represen-
tatives shall vacate his seat in
the House where having been a
candidate of a party and elected
to the House, he resigns from
or is expelled by that party.
The Speaker of the House,
acting on the advice of the
leader in the House of Repre-
sentatives of the party of which
Volney was a member when he
was elected and in accordance
with the provisions of Sections
49 (2) (e) and 49A (1) of the
Constitution declared that Vol-
ney had resigned from his party
and was deemed to have vacat-
ed his seat. Although Volney
had the right to challenge the
Speaker s declaration within 14
days of his ruling he, however,
elected not to do so.
However, Section 49A (5) of
the Constitution makes it
mandatory for the Standing
Orders of the House to make
provision for the identification
and recognition of the leader in
the House of Representatives of
every party and for otherwise
giving effect to the section.
It would seem, however, that
while the Speaker may have
exercised his power and discre-
tion in accordance with the
Constitution, the Standing
Orders had been devoid of the
provisions of this section.
On the other hand Section 2
of the Constitution makes it
abundantly clear that the Con-
stitution is the supreme law of
the land and any other law that
is inconsistent with the Consti-
tution will be void to the extent
of the inconsistency. Accord-
ingly since the Standing Orders
made no provisions for the
identification and recognition of
the leader of the House of Rep-
resentatives of every party as
required by Section 49A (5), the
Speaker s declarations would
appear to have been ultra vires
the Constitution and null and
void and this notwithstanding
Standing Order No 92 of the
Standing Orders of the House.
While there is no law or pro-
vision in the Constitution specif-
ically prohibiting members of the
House from crossing the floor, ie,
leaving one party and joining
another or opting to become an
independent member in the
House, it would appear that the
provisions of Section 49 (2) (e)
of the Constitution has been
designed to address that issue.
Looking into retrospect, the
concept of the party system and
crossing the floor originated in
England and by convention they
constitute essential elements in
the operation of the British
Constitution. However, there is
no prohibition under the British
Constitution against a member
of either the House of Lords or
the House of Commons leaving
one party and joining another
or crossing the floor or declar-
ing himself to be an independ-
ent member of either House.
Winston Churchill had crossed
the floor from Conservatives to
Liberals in 1904 and crossed
back in 1924.
Indeed crossing the floor has
been described by some as
holding political parties hostage,
a mockery of parliamentary
democracy and disenfranchising
voters, while others on the
other hand, hold a liberal and
more progressive view that any
restriction towards crossing the
floor would be a deprivation of
the liberty of the individual and
totally undemocratic
While the party system in our
political structure was virtually
foisted upon us by the British,
the concept of requiring a
member to vacate his seat on
the crossing of the floor was
indeed a non-issue. This is
clearly evidenced by the absence
of any such provision in our
1962 independence constitution.
In some countries provisions
for declaring vacant the seat of
an MP who has crossed the floor
is deemed to be anti-democratic
on the rationalisation that the
electorate elects an individual as
an MP and not the party.
Accordingly, there are generally
no laws in developed countries
prohibiting crossing the floor for
a more stable, mature and non-
corrupt political party while in
less developed ones it is deemed
to have the effect of destabilising
the government.
The Constitutional Reform
Commission ought to consider
the removal of Sections 49 and
49A of the Constitution not
only to reduce the potential for
by-elections but also as a man-
ifestation of political maturity.
STANDING ORDERS
DEVOID OF PROVISIONS
FOR CROSSING THE FLOOR
CENTRE STAGE
Kenneth Lalla, SC
No doubt, marijuana
is a gateway drug
There is much debate ongoing as to
whether marijuana is or isn't a gateway
to cocaine or other illicit substances since
Chief Justice Ivor Archie's floated the idea
of decriminalising the drug.
Articles are being published with scien-
tific data and credible evidence to indicate
it isn't linked to harder drug use, but I beg
to differ.
In my case, marijuana was indeed a
gateway drug---I saw it as a remedy at
first when I began smoking it during my
early 20s.
It enabled me to shed inhibitions and
so made it easier to socialise after being a
basket case all my life before.
It later became "the" gateway to other
drugs I later experimented with. Having
already let my guard down by smoking
marijuana, it was no big deal to try what
more there was out there after being of-
fered a sample of highly-addictive co-
caine---an event which I wish could be
undone.
It was cocaine---that second drug---
which subsequently train-wrecked my life.
I wasted and destroyed anything and
everything I had---job opportunities,
strong family ties, fine broughtupsy,
money, being of reputable character, being
trustworthy, reliable and responsible.
Marijuana had opened up an appetite for
more mind-altering substances.
I've passed through two rehabilitation
institutions (unsuccessfully) during the
struggle to break that secondary cocaine
habit. While at the first rehab facility
there was a teenager like me, seeking re-
covery, who was pitiful to look at. He was
sleep-deprived from having nightmares
and constant hallucinations of snakes
crawling all over his body after drifting off
to sleep and, get this, the only drug he
ever used was marijuana.
Fortunately I was able to break the co-
caine habit after forging a relationship
with Jesus Christ.
I am sure there are many more stories
from others like myself who regret ever
indulging in marijuana-smoking.
Yes, it is understandable that decrimi-
nalising has benefits: relieving the backlog
at the courts as well as freeing-up police
officers of unnecessary obligations, etc.
However, the big question remains: would
this intended decriminalising be a good
excuse for others (just like I did during my
20s) to also let their guard down, take a
casual smoke of marijuana since it might
no longer be an offence to do so, and thus
fall into the same abysmal circumstances
I and others endured (or are still endur-
ing)?
It happened with me, it can happen
with others.
Alexander N,
via e-mail
These
telephone and
electric wires
on Mentor
Alley,
Laventille, are
overgrown
with vines. It
appears the
surroundings
has been
cleaned but the
vines were left
on the wires.
Maybe the
relevant utility
companies can
have them
cleaned as
they pose a
potential fire
hazard. PHOTO:
ANDY HYPOLITE
FIRE HAZARD